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Family Ties: Solving the Constitutional Dilemma of the Faultless Father

Abstract

Recent cases broadly construing the constitutional rights of unwed biological fathers to a relationship with their children have introduced a significant new measure of insecurity into adoption. In this Article, Professor Meyer argues that legislative efforts to address this insecurity have failed to achieve the goal of maximizing the welfare of children consistent with the constitutional rights of unwed fathers. He proposes a supplementary new model of adoption, permitting adoption without terminating the rights of an unwilling biological parent, and demonstrates how this new form of adoption would better serve the interests of children, without violating the constitutional rights of biological parents.

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41 Ariz. L. Rev. 753 (1999)

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Authors

David D. Meyer (The University of Illinois)

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